Savigny Civil Code Of Thinking To Explore

Savigny's thinking of civil codificition has its profound social and historical background. European rationalism and natural law thought achieved the crest during French Revolution,starts to move toward the decline,what displaced is the historicism emphasizes the traditional value. This change process has been fully reflected in the debate in the early 19th century Germany on the Civil codificition. At that time Germany,nationalist unprecedented upsurge, jurists represented by Thibaut,advocated that take the French Civil Statute as blueprint to formulates German civil code in a short time,hoped promote the country race's unification through the legal unification. But Savigny,who deeply influenced by historicism,expressed his opposition explicitly and elaborated his thought comprehensive. Savigny believed that the law is the product of national ethos,the legal growth is an organic development process. Specifically speaking,the legal development may divide into the common law stage,the scholar law stage,the codification stage. Codification is the advanced stage in the law development, must be arrived when all aspects of the conditions are in place,or it will have an adverse impact on the state's legal system. According to the condition of Germany's legal system at that time,Savigny pointed out that, lacking of outstanding jurist and legislative language's weakness is the immediate cause why he opposite codification. In order to indicate that civil codification is not Germany's certainly choice,Savigny vetoed jurist's argument for civil codification. He believed that,in order to promote the development of Germany legal system, jurist should research Germany's traditional law resources,and further strengthen the link with theory and practice simultaneously. Savigny's thinking of civil codification has its specific historical progress,it broadens the scholars theoretical vision,made the outstanding contribution for the enrichment of humankind legislative theory. Savigny's thinking of civil codification inspires us,in Chinese civil code formulation process,we should respect the common law,and maintain the openness of the Civil Code.